"Climbing up is always difficult - it's easy only when you fly down."

Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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It is no secret that after Ukraine’s signing of the association with the EU – the percentage of foreigners entering Ukraine with different purposes has increased rapidly, because it certainly increases the likelihood of further entry into European countries for residence, especially in “difficult countries”. “, for example, India, Syria, Afghanistan, Russia, African countries, etc.

For the past several years, the most popular reason for foreigners to enter Ukraine has been studying in Ukrainian universities. According to statistics, foreigners choose mainly medical or technological field of study. When signing a contract with the university and admitting a foreigner to study, the university documents the latter with a certificate of temporary residence in Ukraine through the LCA for the entire period of study.

If a student studies in good faith, does not overdue tuition fees and does not violate internal order – no problems arise, but if a foreigner does not do so and he is eventually expelled from the University, he will face some difficulties, namely:

  • going abroad within clearly defined VHI terms;
  • forced return of one’s citizenship to the state;
  • ban on entry into Ukraine or deportation.

Returning, again, to the statistics of the LCA, for the last 9 months of 2021, the State Migration Service of Ukraine and other authorized bodies decided to ban entry to Ukraine for 3,534 people. Particularly aggressive are students expelled from universities or who have completed their studies and did not leave Ukraine on time.

Where does it all begin?

If we turn to the legislation of Ukraine, within 10 days of expulsion of foreigners, the university must notify the State Migration Service of Ukraine, which in turn, within a few working days from the date of receipt of this notice from the university cancels the temporary certificate for foreigners and sets him a term to leave Ukraine. In practice, the usual period is 7 days or a month. If a foreign student does not comply with this decision, a decision may be made to ban him / her from entering Ukraine, forcibly leaving or deporting.

The main reasons for such problems are the direct lack of any tripartite relationship between the university, a foreigner and theState Migration Service of Ukraine.

First of all, the university does not always inform the foreigner about the deduction in time (sometimes, he may find out about it after a while), and secondly, foreigners do not understand Ukrainian legislation at all and do not know about the possible consequences after deduction. Although, according to the Basic Law of Ukraine, Article 68 of the Constitution of Ukraine, ignorance of the law does not release from legal liability, but our company believes that universities are obliged at the first stage of acquaintance with their student to conduct a preventive conversation about the consequences teaching.

Thirdly, when the State Migration Service of Ukraine already forms a decision to revoke the certificate and sets a deadline for leaving Ukraine – it is necessary to properly notify the foreigner, and not just send a decision to the address of registration of residence. We all know that more than 50% of cars and more foreigners do not live at the address of registration of their place of residence, which is not a violation of the law.

We can talk about this for a long time, we can look for the culprits, derive algorithms and axioms of reasons and grounds for banning foreigners from entering Ukraine, but the main thing is only one thing – every foreigner from the first day stay in Ukraine must have a lawyer will be able to resolve any issue of a foreigner in time and prevent the occurrence of negative consequences. Therefore, contact the law firm Prikhodko and partners – our lawyers will be able to help you.

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